Don't Abate That Joint

Photo by John Anderson

On Monday, just hours before the Historic Landmark Commission recommended a suite of changes to the city's generous tax abatement policies for historic homes, a lawsuit was filed in the 419th District Court petitioning the city to stop the practice outright. Plaintiffs Dominic Chavez, Alfred Stanley, and Mike Levy "ask the Court to stop the [the city] from giving tax breaks on allegedly 'historic' properties without first making a finding that there is a 'need' for the tax relief to encourage the preservation of each 'historic' site." Citing state tax code which they say allows such tax breaks only when "needed," they go on to cite examples of owner-occupied homes that, they argue, flout that rule. One example, "House 'B' is a West Austin multi-million dollar mansion built less than 100 years ago" and was extensively remodeled, then granted an abatement. According to the plaintiffs, "The exemption was granted despite the fact that the remodeling had already been done, indicating no 'need' for the exemption." The city has not yet responded to the filing, but in the past has defended the abatements as necessary incentives to prevent owners from razing landmark structures. The revised tax abatement suggestions, passed out of the Historic Landmark Commission Monday, should wend their way to council at its April 28 meeting.